A land certificate as per Decree No. 76-165 of 27th April 1976 which sets out the conditions for obtaining land title in Cameroon, amended and supplemented by Decree No. 2005/481 of 16 December 2005 is defined as the official certification of ownership.
As per Article 2 and 24 of the Ordinance, a land title is unassailable, inviolable and definitive. This same act shall apply to documents certifying other real property rights. When the document is recorded in a special register called a Land Register, a real property right shall be deemed registered and may be opposed to third parties.
Rights of Applicants for a Land Title in Cameroon
A person whose rights have been encroached upon in consequence of registration shall have no claim on the property in the sole event of fraud, he shall have a personal action for damages against the perpetrator thereof.
The action shall be brought before the civil court of the area where the property is situated.
In the event of an error in government services, in particular, an irregularity in the course of the procedure for obtaining a land certificate in Cameroon, the Minister in charge of lands may on inspection of the authenticated deeds submitted directly that the irregularly issued land title be withdrawn.
An appeal may be brought against the decision of the Minister before the appropriate Administrative court.
Withdrawal of land certificates issued shall entail the transfer without charge of these certificates to the initial owner if the property was registered. The property shall revert to its exact condition prior to the issue of the certificate if the property was not registered.
Nullity of a Land Title in Cameroon
A land title is null and void in the following cases;
- When several land titles are issued on the same land. In such a case the titles will all be declared null and void and the procedure for re-examination will be engaged in view to determine the legitimate owner. A new land title is then established for the benefit of the legitimate owner.
- When the land title is issued arbitrarily without following any procedure or obtained by a procedure other than that provided for this purpose.
- When the land title is established in whole or part on a plot of the private domain of the state, a public authority, or a public body in violation of the regulations.
The nullity of the land title in line with the above circumstances is declared by an order of the Minister in charge of land affairs, subject to appeal before the competent administrative court.